Definition of the Right to Bear Arms

There is much debate over the right to bear arms.

The Second Amendment of the United States Constitution states that "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Debate has long raged over the meaning of this statement, since the right of individual gun ownership lies at its heart. Two recent Supreme Court rulings provide clarification.

Debate Over Definition

Several interpretations have arisen from the Second Amendment. One is that it provides an absolute, personal right to bear arms. Another is that any right to bear arms must relate to public safety. Finally, the belief exists that the amendment simply restricts the powers of the federal government by allowing states to maintain their own militias.

Definition Applies to Individuals

In the 2008 Supreme Court decision, District of Columbia v. Heller, the court shed light on the Second Amendment's definition through its examination of the legality of a Washington, D.C. handgun ban. The court found that the amendment protects the individual right "to keep and bear arms for lawful purposes, most notably for self-defense within the home." Although the decision applies only to federal law, it definitively permits personal gun ownership.

Individuals Rights Expanded

The Supreme Court's holding in the 2010 case, McDonald v. Chicago, further expanded the definition of the Second Amendment. In striking down a Chicago regulation prohibiting gun ownership, the court found that states and local governments cannot infringe on an individual's fundamental right to bear arms.

References

• Law.Jrank.Org: Right to Bear Arms
• The Washington Post: "Supreme Court Affirms Fundamental Right to Bear Arms''
• The New York Times Upfront: "Who Has the Right To 'Bear Arms'?"'
• Cornell University Law School: District of Columbia v. Heller
• Cornell University Law School: McDonald v. Chicago